I/P Engine, Inc. v. AOL, Inc. et al

Filing 123

Declaration re 122 Claim Construction Brief of Joshua Sohn in Support of Defendants' Opening Claim Construction Brief by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Noona, Stephen)

EXHIBIT H

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APPUCATIONNO I MUNGDATE I

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UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER OF PATENTS AND TRADEMARKS
Washington, D.C. 20231
FIRST NAMED INVENTOR

TM31/0521
LLF

I AT-rctRy DOCKET NO.

lI

.

EXAMINER

ART uNrr

I

PAPER NUMBER I

21.7

DATE MAILED:

OE:12110i

Please find below and/or attached an Office communication concerning this application or
proceeding.
Commissioner of Patents and Trademarks

PTO-900 (Rev.11100)

I

1- File Copy

Applicant(s)

Application No.

Lang et al.

09/204,149

Notice of Allowability

Art Unit

Examiner

flu

2171

Frantz Coby

—The MAILING DATE of this communication appears on the cover sheet with the correspondence addressAll claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included herewith
(or previously mailed), a Notice of Allowance and Issue Fee Due or other appropriate communication will be mailed in due course.
THIS NOTICE OF ALLOWABIUTY IS NOT A GRANT OF PATENT RIGHTS, This application is subject to withdrawal from issue at
the initiative of the Office or upon petition by the applicant. See 37 CFR 1.3 13 and MPEP 1308.

1.

GS1

2.

N The allowed claim(s) is/are

This communication is responsive to communication filed on May 07, 2001
85-120 now renumbered 1-34

3. 0 The drawings filed on

are acceptable as formal drawings.

4. El Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).

a) LI

All

b)

Borne*

c) Kane of the:

1. LI Certified copies of the priority documents have been received.
2. 0 Certified copies of the priority documents have been received in Application No.

3. 0

Copies of the certified copies of the priority documents have been received in this national stage
application from the International Bureau (PCT Rule 17.2(a)).
*Certified copies not received:
5.

DI

Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
noted below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT
EXTENDABLE FOR SUBMITTING NEW FORMAL DRAWINGS, OR A SUBSTITUTE OATH OR DECLARATION. This three-month period
for complying with the REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL is extendable under 37 CFR 1.136(a).
6. 0 Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL APPLICATION (PTO-152) which gives

reason(s) why the oath or declaration is deficient. A SUBSTITUTE OATH OR DECLARATION IS REQUIRED.
7.

N Applicant MUST submit NEW FORMAL DRAWINGS
(a) Z3 including changes required by the Notice of Draftsperson's Patent Drawing Review (P10-948) attached

7 .

1) El hereto or 2) No Paper No.

(b)CI

including changes required by the proposed drawing correction filed
approved by the examiner.

, which has been

(c)CI

including changes required by the attached Examiner's AmendmentIComment or in the Office action of
Paper No.
identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings. The
drawings should be filed as a separate paper with a transmittal letter addressed to the Official Draftsperson.
8.

El

Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL

Any reply to this letter should include, in the upper right hand corner, the APPLICATION NUMBER (SERIES CODE/SERIAL
NUMBER). If applicant has received a Notice of Allowance and Issue Fee Due, the ISSUE BATCH NUMBER and DATE of the
NOTICE OF ALLOWANCE should also be included.
Attachment(s)
1 XI Notice of References Cited (PTO-592)
3

0

2 0 Notice of Informal Patent Application (P10-152)

Notice of Draftsperson's Patent Drawing Review (PTO-948)

5 KI Information Disclosure Statement(s) (PTO-1449), Paper No(s).
7

4 0 Interview Summary (PTC1-413), Paper No.

10

CI Examiners Comment Regarding Requirement for Deposit of Biological

6 0 Examiner's Amendment/Comment
8

N Examiner's Statement of Reasons for Allowance

Material
9 0 Other

U. S. Patent and Treilemark Office

P10-37 (Rev. 01-01)

Notice of Allowability

soPEPOSIZEw oo
ECOA
-f

Application/Control Number: 09/204,149

Page 2

Art Unit: 2171

This is in response to Applicant's terminal disclaimer and amendment filed on May 07, 2001 in
which claims 101-120 were added.

Allowable Subject Matter

1.

Claims 85-120 now re-numbered 1-34 are allowed.

2.

The following is an examiner's statement of reasons for allowance: The present invention

is directed to a search engine operated with collaborative and content-based filtering. The closest
prior art [Michael Persin, Document Filtering for Fast Ranking, ACM, July, 6, 1994, pages 339348] discloses a similar filtering method. However, Michael Persin fails to show "storing a linked
list of relevant informons as a wire and providing a system for returning a wire to an individual
user". These limitations, in conjunction with all other limitations of the base claims were not

shown by, would not have been obvious over, nor would have been fairly suggested by the prior
art of record.
Any comments considered necessary by applicant must be submitted no later than the
payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for
Allowance."

Page 3

Application/Control Number: 09/204,149
Art Unit: 2171

Conclusion

Any response to this action should be mailed to:

Commissioner of Patents and trademarks
Washington, D.C. 20231
or faxed to:
[phone], (for formal communications

intended for entry)
Or:

[phone] (for informal of draft
communications, please label "PROPOSED" or "DRAFT")
Hand-delivered responses should be brought to Crystal Park IT, 2021 Crystal Drive, Arlington.
VA., Sixth Floor (Receptionist).

3.

Any inquiry concerning this communication or earlier communications from the examiner

should be directed to Frantz Coby whose telephone number is [phone]. The examiner can
normally be reached Monday through Friday from 9:30 A.M. to 5:00 P.M.

Page 4

Application/Control Number: 09/204,149
Art Unit: 2171

If attempts to reach the examiner by telephone are unsuccessful, the examiner's

4.

supervisor, Thomas black, can be reached on [phone]. The Fax phone number for this
Group is [phone].

.,4;if/(3
Frantz Coby
May 19, 2001

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